Litigation Strategies

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Questions to Ask When Deposing an Expert

The task of deposing the opposition’s expert is simplified immeasurably by keeping in mind the deposition’s fundamental purpose: to discover all of the expert’s opinions and all of the bases for those opinions. Your goal...more

Alert: What US GCs Should Know About Litigation Funding in England & Wales

The situation may be a familiar one: a client with a meritorious claim, but insufficient financial resources (or even C-suite support) to pursue matters. In this tip sheet, we explain how the continued growth of litigation...more

11 Steps to Introducing Exhibits at Trial

If it’s your first trial or it’s been a while since you’ve tried a case, here’s a handy list of the steps to take when introducing your evidence at trial. STEP 1: Mark your exhibit for identification. The court clerk...more

Happy Birthday William Shakespeare!

April 23rd will be the anniversary of William Shakespeare’s birth in 1564. He died on the same date in 1616, making this the 400th anniversary of his death. Actually, the exact date of his birth is unknown, but it is...more

Getting It Right The First Time: Presenting A Persuasive Argument Without Relying On The Court’s Familiarity With The Facts Or The...

Even apart from the importance of assuring appellate review, properly preserving the record and carefully laying out one’s argument can have an immediate impact at the trial level. Very often, a litigator comes across a...more

Strategic Considerations of Estoppel for IPRs After Shaw Industries Group v. Automated Creel Systems

When a patent is challenged in an inter partes review and a final written decision has been issued, a statutory estoppel will prevent certain subsequent proceedings. The scope of the estoppel, which applies to both Patent and...more

Secret Wisdom from the “Stars” of the Legal Profession

Last night, I had the opportunity to attend the Connecticut Bar Association’s awards dinner — titled, “Celebrate with the Stars”. It was a lovely event filled with accolades for some of the state’s best and brightest in the...more

Talkin Bout Your (?) Generation

For once, our happy birthday wish really has something to do with births, specifically the significance of birth cohorts for litigation strategies and tactics. The actor Paul Rudd is celebrating his birthday today, April 6. ...more

Objecting to a Magistrate Judge's Report and Recommendation

An unpublished opinion from the Tenth Circuit Court of Appeals in January 2016 caught our eye because it collected various established preservation-of-error principles for objecting to a magistrate judge's report and...more

9 Steps to Getting Business Records into Evidence

You know you can get business records into evidence under an exception to the hearsay rule, but you’re not exactly sure how to do it. It’s simply a mechanical process—just get your witness on the stand and follow these nine...more

The Estoppel Effects of IPR May Be Significantly Limited

A recent case at the Federal Circuit seems to significantly limit the estoppel effect of an Inter Partes Review (IPR) that is instituted on some grounds, but not all. The case adds another arrow in the strategic quiver of...more

[Webinar] Got Data? Analytics to the Rescue - April 19th, 12:00pm CDT

Within an enterprise, data is a dual-edged sword – it’s both the lifeblood powering critical business operations and the kryptonite preventing the business from flexing its muscle. When investigations, litigation or...more

First Circuit Upholds Defense Verdict in Diet Drug Case

Happy Birthday, Eric Clapton. (March 30 is also the birthday of painters Goya and Van Gogh. Is there something about March 30 that breeds people who turn their blues into art?) Clapton has been around so long it is easy to...more

4 takeaways for higher ed from the Alaburda student lawsuit verdict

Last week a California jury rejected a law school graduate’s claim that her alma mater falsified graduate-employment data in the much-anticipated Alaburda v. Thomas Jefferson School of Law trial. The lawsuit was filed on May...more

A Model Preservation Test for Race-Based Peremptory Challenges

Preserving error during voir dire can be tricky. In jurisdictions like Florida, certain steps must be taken to preserve objections, including those related to pretextual peremptory challenges. On March 18, Florida’s...more

When is an Alice Challenge Ripe?

When defending against a software patent attack, litigants often address patent-eligibility by filing covered business method (CBM) reviews, moving to dismiss the lawsuit altogether, or waiting until summary judgment....more

Taking Depositions: Handling the No-Show Deposition

Editor’s Note: Here at The Bankruptcy Cave, we love insolvency stuff; we eat it for breakfast and dream about it at night. (We are not kidding.) Sometimes that includes credit-related litigation, and so we keep our...more

Missouri: Taking a Step Toward Digging Out of the "Judicial Hellhole"?

Missouri’s Legislature is deciding whether to change its current standard governing the admissibility of expert witness testimony to the Daubert standard. The bill to make this change has passed the Senate and is now being...more

Moving For Remand: When Have You Lost Your Chance?

If you actively litigate your removed case in federal court before timely moving to remand, do you waive the right to remand? It depends on the Circuit. A February 2016 decision from the Southern District of West Virginia...more

Avoiding Trouble Following In Limine Rulings

Trials often are preceded or interrupted by hearings on motions in limine, where parties attempt to limit the evidence or arguments that their opponents can utilize in the trial. These hearings are often fast-paced, with...more

50 Cent Breaks the Golden Rule of Social Media Posting

“Be careful what you post.” This may be the most obvious of social media commandments. Yet, it’s also true that it’s difficult to control the degree of public access to photos and messages posted on a social media platform,...more

The 2015 Amendments to the Federal Rules of Civil Procedure: Changing the Way Civil Litigants Operate in Federal Court

The recent amendments to the Federal Rules of Civil Procedure are the most significant overhaul of the rules governing civil litigation in federal court that we’ve seen in decades, including dramatic changes to the timing and...more

Court Reporting in Popular Culture

As a new employee here at Planet Depos, I’ve learned a lot in the last few weeks. Before I took this position I knew very little about court reporting. I am an avid Law and Order SVU fan, so I was aware of court reporters...more

Gear Your Oral Presentations to All Types of Learners

There are few oral presentations given today that don’t make use of visual aids. It helps with the inevitable attention wandering and it allows you to reach different types of learners. Always try to make your...more

No Depositions Allowed

There are countries that do not allow the taking of depositions. Brazil, for example, does not permit the taking of depositions by foreign persons and considers such an act a violation of Brazil’s judicial sovereignty....more

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